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(영문) 서울북부지방법원 2014.11.19 2014고정1713

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 3, 2012, at around 01:05, the Defendant was under the influence of alcohol of 0.138 percent of blood alcohol concentration, and the Defendant was driving two-lanes from the river basin to the two-lanes, and changed the course into one-lane. At that time, the Defendant was under the influence of one-lanes. Thus, the Defendant was under the duty of care to operate the direction, etc. in advance, give notice of change of course, and to prevent accidents by properly examining the traffic situation of the front and rear left-hand. However, the Defendant was under the duty of care to prevent accidents by negligence when he was negligent in changing course to the left-hand side of the driving direction of the victim C (Seoul, 36 years old) who was under contact with the above part of the victim C(Seoul, 36 years old) who was under contact with the above part of the driver’s vehicle.

As a result, the Defendant suffered from the victim’s occupational negligence in need of treatment for about three weeks.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photographs taken by the contact point of the harming vehicle, the contact point of the damaged ozone, and the victim by the Handphone;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of a fine concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;